Do Dads Still Get the Short End of Custody and Visitation?

 Posted on August 14, 2024 in Child Custody

Across the United States, fathers get about 35 percent of child custody time. That number is lower in Illinois, with fathers receiving only about 23.1 percent of child custody time. Decades ago, when many women were stay-at-home moms, mothers were more likely to receive physical custody of the children during a divorce. A legal rule known as the "tender years doctrine" said a newborn belonged with the mother for up to two years. In the 1970s, most states abolished the tender years doctrine in favor of the best interests of the child.

With many mothers working outside the home, judges look at the best interests of the child when determining the allocation of parental responsibilities. This is not to say that judges with preconceived notions about the role of mothers and fathers do not exist. If you are a father who believes your request for equal allocation of parental responsibilities may go unheard, you must speak to a knowledgeable DuPage County child custody lawyer from Law Office of Ronald L. Hendrix, P.C.. Our experienced family law attorneys are prepared to help you reach an agreement that will allow you to co-parent with your ex-spouse.

How is Custody Determined in Illinois?

Illinois law sets forth the factors that a judge will use to determine the allocation of parental responsibilities. These factors include:

• The physical and mental status of both parents
• Whether each parent has the ability to make good decisions for the child
• The cooperation level between the parents or ongoing conflict between the parents
• The needs of the child and wishes of each parent
•  How involved each parent has been with the child’s day-to-day life up to this point
• The past role of each parent when making critical decisions for the child
• How far the parents will live from one another after the divorce
• Whether there has been any domestic violence in the household in the past
• How willing each parent is to encourage a close relationship between the child and the other parent
•  Whether drug or alcohol abuse on the part of one parent is a factor
• The wishes of the child if he or she is old enough and mature enough

Are There Still Biases Against Awarding a Father Equal or Sole Custody?

While both parents are caregivers for their child in many families, in others, the mother remains the primary caregiver. Especially in the case of a younger child, a mother who has been the primary caregiver may provide the judge with sufficient reason to award the mother primary custody.

A father who has been an active participant in caregiving tasks for the child has the same chance of being awarded primary custody. Parents may share the allocation of parental responsibilities 50/50, meaning the child spends roughly equal amounts of time with each parent. If it is important to keep the child in the school and community they are currently in, and one parent moves a significant distance away, 50/50 custody may not be realistic.

If the parents live near one another and either get along well or can put their own differences aside, then shared custody may work. In the end, most judges will look only at the best interests of the child when determining the allocation of parental responsibilities. As a father who wants to see his children as much as possible, if you feel the judge is not being fair, this should be discussed with your lawyer.

Contact an Experienced Will County, IL Child Custody Lawyer

When you choose Law Office of Ronald L. Hendrix, P.C., you can count on a strong legal advocate who will work tirelessly to ensure your child’s best interests are protected. Attorney Ronald Hendrix is a court-appointed mediator and holds a master’s degree in guidance and counseling in addition to his law degree. With extensive experience in Illinois family law issues, hiring a highly skilled Naperville, IL child custody lawyer from Law Office of Ronald L. Hendrix, P.C. is the best step you can take for a positive outcome. Call 630-355-7776 to schedule your free consultation.